Minutes 03-24-81MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD
HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MARCH 24, 1981
PRESENT
Simon Ryder, Chairman
Garry Winter, Vice Chairman
Lillian Bond
Ezeli Hester
Ronald Linkous
Robert Wandelt
Simon Zive
Carmen Annunziato, City Planner
Chairman Ryder welcomed everyone and called the meeting to
order at 7:30 P.M. He introduced the members of the Board,
City Planner and Recording Secretary.
Chairman then recognized the presence in the audience of
Vice Mayor Marty Trauger and Councilman Joe deLong.
Up front, acting in place of Sue Kruse is Ms. Vivian Nebel.
MINUTES OF FEBRUARY 24, 1981
Mr. Zive moved to accept the minutes as sent, seconded by
Mr. Linkous. No discussion. Motion carried 7-0.
ANNOUNCEMENTS
Mr. Ryder then noted that there are two people who have been
working with the Board and have been of tremendous help who
are leaving or who have already left. In the first instance
is Craig Grabeel, Assistant City Planner has been appointed
to be Energy COordinator of the City of'Boynton Beach. Mr.
Grabeel had an important part in preparing the Energy Element
for incorporation in our Comprehensive Land Use Plan. He has
now left the office of City Planner and I am sure that we all
wish him well in his new endeavor.
The other member is Sue Kruse who is about to leave Boynton
Beach. She has been our Recording Secretary for the City
Council also officiated at various meetings of advisory
boards. She has always been very helpful, very efficient,
and I feel that it will be quite difficult to replace her.
Last month, Mr. Zive and Mr. Ryder attended a meeting of the
Area Planning Board, which took place from 9:00 to 12:00
Thursday morning. The subject was Preparing Amendments for
the State Act Which brought about the Comprehensive Land Use.
Various amendments were discussed at this meeting. It was
very interesting. Also present at this meeting was Council-
man Sam Wright.
Mr. Annunziato added his regrets at Mr. Grabeel's leaving
for another field but happy that he will be contributing
his talents in another area for the City, as Energy Coordinator.
MINUTES - PLANNING AND ZONING BOARD
MARCH 24, 1981
Mr. Annunziato went on to say that he hoped to incorporate
Mr. Grabeel's comments on Energy through the Planning Office.
The Board was told by Mr. Annunziato that the City has taken
steps to fill the job of Assistant City Planner. Job is
currently being advertised in local newspapers as well as in
Tatlahassee and Gainesville. The City hopes to find someone
with greatest skills that can be had for a relatively low
number of dollars. Some people being phased out of Health
Planning have indicated interest in the position.
OLD BUSINESS
Site Plan Approval
Applicant: Burger King Corp. (Tabled)
Raymon Cue, Agent
Location: S.E. 18th Ave. at U.S. 1, southwest corner
Project
Description:Restaurant and Drive-thru Facilities
Applicant: Century Bank, Inc. (Tabled)
Location: S.E. 18th Ave. at U.S. 1, southwest corner
Project
Description:Relocation of parking lots to accommodate
Burger King Development
Chairman Ryder announced that two items previously tabled,
Burger King Corp. and Century Bank, that Burger King will
possibly be back with changes they see fit to make. The
Board will probably have this to consider at next meeting.
Mr. Hester made a motion to leave these items on the table,
seconded by Mr. Zive. Motion carried 7-0.
Mr. Hester then requested background information on Burger
King. Chairman Ryder said he would get former Minutes and
Agendas to him. At this point, Chairman Ryder gave Mr.
Hester the pertinent facts.
NEW BUSINESS
Subdivision
Project Name:
Agent:
Owner:
Location:
Description:
Lake Eden Heights Subdivision
Burl Gentry
Summit Investment
East side of Swinton Ave., across from
S.W. 34th and 35th Avenues
Twelve single family lots on 3.6 acres
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MINUTES - PLANNING & ZONING BOA~RD MARCH 24~ 1981
Matter before Board is consideration and approval of the
Master~ Plan. Previously the Developer had submitted a
Pre-application, which is part of procedure~before making
recommendation to City Council. Chairman Ryder went on
to say that this is a matter of approval by the Planning
& Zoning Board. The Board was then asked to refer to the
plans before each of them identifying the new and existing
streets, how the subdivision is to be divided and also
indicates a survey and deals with~the matter of utilities.
Chairman Ryder then turned the meeting over to City Planner,
Mr. Annunziato.
Mr. Annunziato went on to explain the location. It is on
the south city limit on the east side of Swinton. It is
east of S.W. 34th Ave. and extending eastward from Swinton;
S.W. 35th Ave. is at this location on west side of Swinton.
Property lies directly to the east of 34th & 35th Avenues
as they intersect with Swinton. Proposal is to extend east,/
west road to the subdivision and then turn it into a north/
south manner to culminate in a cul-de-sac. The line which
forms the southern boundary of this proposal is, in fact,
the south city limits. The proposal provides for potential
extension of this road south if that land ever becomes
available. Adequate right-of-way will be dedicated adjacent
to that property to provide for the extension of that still
unnamed north/south road. The proposal divides property
into two blocks resulting in 8 lots in block one and 4 lots
in block two.
Mr. Annunziato explained that at the Master Plan stage that
it is the Board's responsibility to review the technical
aspects of the plan concerning service. How the subdivision
will be served with sewer, water, paving and drainage. Re-
lationship to traffic and othecservices provided by the City.
There are existing sewer and water lines in Swinton and also
power which will serve this development. It is proposed that
water will be extended eastward from 34th Avenue into the
Subdivision project southward to the southerly limit of the
Subdivision and then project westward back into Swinton and
the existing water line. Mr. Ryder asked if this provided
a loop and the answer was yes. Adequate fire protection will
be provided. Sewers are currently in Swinton. Developer
proposes to extend gravity line eastward from Swinton along
the east/west road and then project that line south to serve
these lots with gravity system. The Developer is also pro-
posing to extend a gravity line in north/south manner along
Swinton to serve lots 1 through 4 in block 1. Power and
telephone will of course be located in proposed public rights-
of-way.
Mr. Ryder asked the direction of floW of sanitary sewer in
street. Is it going north or south. Mr. Annunziato answered
north. It will be a terminating manhole.
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MINUTES - PLANNING & ZONING BOARD ¥~RCH 24, 1981
Mr. Zive questioned whether the City would have to build
sewers. The City Planner explained that consistent with
regulations, the City builds nothing. Everything proposed
here is the responsibility of the Developer.
Mr. Linkous inquired if a lift station would be required
in that area. The City Planner replied no. Everything is
by gravity.
The Developer was then introduced~to answer questions.
Chairman Ryder asked if there was any input from the Tech-
nical Review Board? Mr. Annunziato answered as follows:
from the utility department comes the only real proposed
modification~that comes from Staff. In lieu of extending
the gravity line on the east side of Swinton, Mr. Cessna~is
suggesting that Lot 1 of Block 1 be tied right to end of
proposed gravity line which will flow at S.W. 34th Avenue.
Because of an existing sewer line on the west side of
Swinton that one lateral be constructed across Swinton to
serve Lots 2 and 3 forming a Y at right-of-way line. An
additional lateral be constructed to serve Lot 4 on the
west side of Swinton. This relieves the City of the res-
ponsibility of owning and maintaining an additional 8"
sanitary sewer line. Chairman Ryder asked if this will tie
in to the existing line on the westerly side? A manhole
is proposed at this location and a proposed sewer line which
ties into an existing manhole. There will be only one sewer
on Swinton. It will have sufficient capacity and will not
need a dual system on both sides of the street. No under-
ground garbage cans will be permitted. The Recreation Director
has informed the Developer that a fee will be required in
lieu of land dedication at time of final Plating.
Chairman Ryder asked about the school problem. Mr. Annunziato
replied that the School Board no longer recommends the four
tenths of one percent transfer tax on new construction. They
received authority from the legislature to increase the taxing
power this year. As a result they are no longer doing this.
At this point Mr. Annunziato urged the Board to approve this
plan,
Chairman Ryder asked if there were any questions from the Board
and Mr. Linkous asked about the configuration of Lot 4, whether
it would be contingent upon the street adjoining other property.
The Builder replied that it was a buildable lot.
Mrs, Bond inquired as to whether the street could be straightened
out if the street would be extended. Mr. Gentry answered in
the affirmative. She then asked if that portion would benefit
that owner and Mr. Gentry replied that it could be dedicated
to that owner. The Chair asked what average area per plot.
Mr. Gentry replied that it was close to 10,000 sq. ft. Mr.
Zive asked whether there would be two parking places per home
and the answer was yes. Mr. Annunziato said that it was
a zoning ordinance requirement. Chairman Ryder announced that
subsequently they will be getting site plans. Mr. Annunziato
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MINUTES - PLANNING & ZONING BOARD
MARCH 24, 1981
stated that this would be the last review the Board will
have of this subdivision because single family homes are
exempt from site plan approval aside from plat approval.
The Chair then recognized visitor Vice Mayor Marty Trauger
Who inquired whether Lots 2 and 4 where you bring the sewer
lines to the west side of Swinton...does that mean you have
to cut up the street with a resulting perpetual bump? The
Chair replied that it shouldn't be a perpetual bump but
there would have to be a trench to put the sewer line in.
Mr. Annunziato then said that the City would hold the developer
uniquely and positively responsible for any construction on
Swinton~, and so would the County. A guarantee would also be
required of the developer.
Mrs. Bond asked whether the new type of lighting will be
used? Mr. Annunziato feels confident that it will. Mr. Zi~e
inquired as to plans for beautification of area. The Chair
replied that the Appearance Board would be acting on that
phase.
Mr. Linkous returned again to question of when street is
extended what assurances to the owner of Lot 4 that the
cul-de-sac would be removed. The Planne~ replied that there
would be no assurance. However, the owner would have the
right to request abandonment of that portion of the street.
That there are specific state laws with respect to the aban-
donment of public rights-of-way.
Mr. Winter made the motion that the Lake Eden Heights Subdivi-
sion be approved subject to staff comments and was seconded
by Mrs. Bond. Motion carried 7-0.
DISCUSS REVISION TO ZONING ORDINANCE
The Chair then turned the meeting over to Mr. Annunziato,
who explained weakness of the Zoning Ordinance in preparation
of the Board revising it. This work program was presented to
the Council earlier this year by the City Planner. He went
on to advise the Board of some of the work ahead of them.
The Chair asked if the Board had not enacted ordinances to
bring zoning in line with the "Comp" Plan. The City Planner
replied that they had. Mr. Ryder went on to say that the
Comprehensive Land Use Plan prevails over any zoning regu-
lations. Mr. Annunziato went on to explain working of
Land Development Regulations. A discussion followed, which
included explanation of municipalities that had designated
reserve annexation areas.
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MINUTES - PLANNING & ZONING BOARD
MARCH 24, 1981
TRANSMITTAL OF DRAFT N.S.A. FINAL REPORT
Copies of Draft Final Report was distributed by Mr. Annunziato
to the Board members, who suggested that.the members take the
document with them, prepare their comments for the next meet-
ing when we can adjust it as a local planning agency. At that
point he would like to incorporate the Board's comments into
the plan and transmit it to the Council as a final report.
Chairman Ryder asked if there were any questions. Mrs. Bond
asked if a cut in the budget is expected? Mr. Annunziato
does not feel that the program will suffer as a result of the
President's cuts. Chairman Ryder mentioned that certain
priorities have been set-up and the priorities are reflected
in the budget. Mr. Linkous inquired as to when the Board meets
to discuss this. Mr. Annunziato replied that the next meeting
will be the second Tuesday in April and at that point in
addition to the regular agenda there will be a reference to
a meeting of the L.P.A.
ADJOURNMENT
Mr. Zive made a motion to adjourn, seconded by Mr. Wandelt.
Motion carried 7-0 and the meeting was properly adjourned at
8:15 P.M.
Respectfully submitted,
Vivian D. Nebel
Recording Secretary
(One tape)
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A G E N D A
PLANNING AND ZONING BOARD
Regular Meeting
DATE: March 24, 1981
TIME: 7:30 P.M.
PLACE: Council Cham~ers
City Hall
1. Acknowledgement of Member's and Visitors
2. Reading and Approval of Minutes
3. Announcements
Communications
5. Citizen's Awareness Presentation: None
6. Old Business:
Site Plan Approval:
1. Applicant:
Location:
Legal
Description:
Project
-Description:
2. Applicant:
Location:
Legal
Description:
Project
Description:
Burger King Corp. (Tabled)
(Ramon Cue,.Agent)
S.E.18th.Ave. at US 1, S.W. Corner
See Survey
Restaurant and Drive-thru Facilities
Century Bank, Inc. , (Tabled)
(J.Daniei Stephens, Vice Pres. ,Agent)
S.E.18th. Ave. at US 1, SW Corner
See Survey
Relocation of Parking Lots to accommodate Burger
King Development
7. New Business
A. PUBLIC HEARINGS: None
B. SUBDIVISIONS:
Master Plans:
PROJECT NA~: Lake Eden Heights Subdivision
AGENT:
Burl Gentry
OWNER:
LOCATION:
Summit Investment
E.Side of Swinton Ave., between S.W.34th and
S.W.35th Avenue ~
DESCRIPTION: 12 single family lots on 3.6 acres.
8. Discuss Revision to Zoning Ordinance.
9. Transmitall of draft N.S.A.Final Report